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W.R. FILBIN & CO., INC. v. U.S.

No. 91-1049.

945 F.2d 390 (1991)

W.R. FILBIN & CO., INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 25, 1991.

Attorney(s) appearing for the Case

Sandra Liss Friedman, Barnes, Richardson & Colburn, New York City, argued, for plaintiff-appellant. With her on the brief was, James S. O'Kelly.

Nancy M. Frieden, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellee. With her on the brief were, Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office. Also on the brief was, Stephen Berke, U.S. Customs Service, of counsel.

Before NIES, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.

MICHEL, Circuit Judge.

W.R. Filbin & Co., Inc. ("Filbin") appeals the August 31, 1990 judgment of the United States Court of International Trade ("trade court") holding that the imported merchandise was properly classified under 183.05, Tariff Schedules of the United States ("TSUS"). W.R. Filbin & Co. v. United States, 744 F.Supp. 289 (Ct. Int'l Trade 1990). Because the trade court applied the correct legal test...

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